Abinash Kumar @ Avinish Kumar @ Abnish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35575 of 2017 ====================================================== Abinash Kumar @ Avinish Kumar @ Abnish Kumar, son of Uday Malakar, resident of Village- Musaheb Singh Tola, P.S.- Sahebpur Kamal, DistrictBegusarai. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Sumiran Rai, Advocate For the Opposite Party/s : Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 02-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner seeks bail in connection with Sahebpur Kamal P.S. Case No. 137 of 2017 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as lodged by the police personnel, is that during course of patrolling and checking of vehicles, petitioner was found in a Maruti Suzuki Zen and on search 1.500 liters of foreign liquor was seized kept under his seat and from beneath the driver's seat, 10 bottles of foreign liquor each of 375 ML was recovered. Accordingly, a seizure list was

Patna High Court Cr.Misc. No.35575 of 2017 (2) dt.02-08-2017 2/2 prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has been falsely implicated in the aforesaid case. He submits that he is languishing in judicial custody since 22.05.2017 and only 1.500 liters of foreign liquor has been found from beneath his seat and he has been suitably punished.

However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of Shri Anil Kumar Sinha, learned Additional Sessions Judge-VIIcum- Special Judge, Begusarai in connection with Sahebpur Kamal P.S. Case No. 137 of 2017.

(Nilu Agrawal, J.) Arjun/- U T